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Individual Podcasts

Safety Concerns and Parental Capacity: Revisiting ‘Re Andrew’ in Light of Keane

The 'Re Andrews principle' suggests that the capacity of a parent to provide care to their child is impaired when that parent raises safety concerns from the child spending time with the other parent and the court subsequently orders this to occur. In recent years, the application

About the Podcast

The 'Re Andrews principle' suggests that the capacity of a parent to provide care to their child is impaired when that parent raises safety concerns from the child spending time with the other parent and the court subsequently orders this to occur. In recent years, the application of this principle has been expressed in a variety of ways creating confusion and inconsistency across the profession. This session will examine the following:

  • The cases which have applied the Re Andrews principle and analyse the relevant facts which impacted the application of the principle in each case
  • How the issue was discussed, and the guidance provided, by the Full Court in Keane & Keane [2021] FamCAFC 1
  • Practical tips and insights into what practitioners should do when faced with this scenario in their matters including what to do when a judge appears to be incorrectly applying the principle

Presented By

Rachell Davey
Partner - Family & Relationship Law, Lander & Rogers Melbourne, Vic

Rachell has practised in family and relationship law since 2000. She has been involved in all aspects of family law with particular expertise in complex property and financial matters.

Rachell holds a Master' of International Law (2005) from the University of Melbourne and practises in international family law matters involving expatriate Australians, or for clients across multiple family law jurisdictions.

She is highly adept at resolving complex property matters involving corporate entities, businesses, addressing the taxation implications of settlement and third parties.

Rachell has extensive experience drafting financial agreements (both pre and post nuptial) and advising clients of the appropriateness of a financial agreement in their circumstances. She also assists clients with complex parenting arrangements involving interstate and overseas relocation.

Rachell is an Accredited Specialist in Family Law (2005) and previous member of the Accredited Specialist Committee. She is listed in Doyle's Guide as a Rising Star in Family Law (2016) and a leading practitioner of Parenting and Children's Matters (2018 to date) and a recommended Melbourne Family and Divorce Lawyer. She has been recognised in Best Lawyers (Australia) for her expertise in Family Law and the winner of the Mentor of the Year at the 2022 Australian Law Awards.

CPD Information

0.4 CPD units

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